I thought this was dead and buried but the full 9th Circuit has decided to hear the case again.
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Bonds already has served his sentence of 30 days' house arrest and paid a $4,100 fine. He also was sentenced to two years of probation and 250 hours of community service in youth-related activities.
If he wins, does he get his $4,100 back?
yes ... and he can't go home for 30 days.
And he will have youth service him for 250 hours.
That's not quite correct. In every other federal circuit, en banc review includes all the active judges of the circuit, but the 9th Circuit is so large (29 judges) that it has determined that to be too unwieldy, so it uses a special of panel of 11 judges (always including the Chief Judge) for en banc review.
So the whole court (29 judges) votes on the en banc petition -- is the 11-judge panel then random apart from the chief (or 7 randoms plus chief plus original panel)? If so, that's pretty wacky. You could end up with mostly judges who voted against rehearing the case.
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